Yes, in New Jersey, a car can be towed from private property, but it is subject to strict legal requirements and conditions. While consent is generally required from the vehicle owner, New Jersey law provides specific exceptions where towing is permissible without explicit consent.
Key Considerations for Towing from Private Property in NJ
Towing a vehicle from private property in New Jersey is governed by specific statutes designed to protect both property owners and vehicle owners. The fundamental principle is that unauthorized towing is illegal. However, property owners have the right to remove vehicles that violate clearly defined rules or create hazards.
The General Rule: Consent is Required
Under New Jersey law, the primary rule is that a vehicle cannot be towed from privately owned property without the consent of the vehicle's owner. This protects individuals from arbitrary or predatory towing practices.
Legal Exceptions to the Consent Rule
Despite the general consent requirement, there are specific circumstances under which a vehicle can be legally towed from private property without the owner's explicit permission. These exceptions are typically invoked when a vehicle is:
- Illegally Parked: This includes parking in a "no parking" zone, blocking access points, parking in reserved spaces without authorization (e.g., handicap spaces, tenant-only parking), or exceeding posted time limits.
- Abandoned: Vehicles left on private property for an extended period, appearing derelict or abandoned.
- Creating a Hazard: A vehicle that poses a safety risk, obstructs emergency services, or impedes normal property use.
- Violating Clearly Posted Rules: If the property has prominent signage indicating specific parking regulations and consequences for violations, such as "Violators Will Be Towed."
Where Towed Vehicles Must Be Taken
A critical requirement when a vehicle is towed from private property under one of these exceptions is the destination. The law mandates that the vehicle must be transported to a secure storage facility that is located within a reasonable distance of the property from which it was towed. This ensures that the owner can retrieve their vehicle without undue travel or difficulty.
Requirements for Property Owners and Towing Companies
To legally tow a vehicle from private property without the owner's consent, property owners and towing companies must adhere to specific regulations:
- Proper Signage: The private property must have clear, conspicuous signs prominently displayed at all entrances and throughout the parking area. These signs must inform drivers that unauthorized vehicles will be towed, state the towing company's name and contact information, and often specify the location where towed vehicles can be retrieved.
- Legitimate Reason: Towing must be based on a legitimate violation of parking rules or a safety concern. Arbitrary towing is illegal.
- Licensed Towing Company: Property owners must utilize a towing company licensed to operate in New Jersey.
- Notification to Law Enforcement: Many municipalities require the towing company to notify the local police department immediately after a vehicle is towed. This helps vehicle owners locate their cars.
- Reasonable Fees: Towing and storage fees are regulated by the state and/or local ordinances. Fees must be reasonable and posted, and consumers should be provided with an itemized bill.
Common Scenarios for Towing from Private Property
Here's a breakdown of common situations and whether towing is generally permitted:
| Scenario | Towing Permitted? | Key Condition for Towing |
|---|---|---|
| Unauthorized Parking | Yes | Clear signage and violation of posted rules |
| Blocking Access/Fire Lane | Yes | Creates a hazard or obstructs essential access |
| Abandoned Vehicle | Yes | Vehicle left for extended periods, appears derelict |
| Without Proper Signage | No | Inadequate notice provided to vehicle owners |
| For No Valid Reason | No | Towing must be justified by law or posted regulations |
| Property Owner Consent (Direct) | Yes | Vehicle owner explicitly agrees to the tow |
Rights of the Vehicle Owner
If your vehicle is towed from private property, you have certain rights:
- Right to Information: The towing company must provide the vehicle's location, the reason for the tow, and the exact charges.
- Right to Prompt Retrieval: You should be able to retrieve your vehicle as soon as possible, often 24/7, upon payment of the lawful fees.
- Right to Dispute: If you believe your vehicle was illegally towed, you have the right to dispute the tow with the towing company, the property owner, or through legal channels.
Summary
In New Jersey, a car can indeed be towed from private property, but not without cause. While the general rule is that vehicle owner consent is required, exceptions exist for specific violations like unauthorized parking, abandonment, or creating a hazard. Crucially, any vehicle towed under these exceptions must be taken to a secure storage facility located within a reasonable distance of the original property. Both property owners and towing companies must adhere to strict regulations, including proper signage and notification procedures, to ensure the tow is legal.
For detailed information on the specific statutes governing towing from private property in New Jersey, you can refer to the New Jersey Revised Statutes, specifically Section 56:13-13.
